New Approach to Winning Lawsuits against Ski Areas

The Brattleboro Vermont Reformer is reporting that Stratton Ski Area lost a lawsuit over the injuries to a 9 year old skier. The articles is reporting the court award the injured boy $137,500 for injuries he received when he skied into a rope closing a trail. The article reports the court found the resort negligent both in the way it closed the trail and the braking strength of the rope supposedly used to close the trail.

This is the first case I’ve seen where the tensile strength of the rope used to close a trail was at issue. The allegation was that a rope is not the proper way to close the trail is at odds with several other state statutes and court decisions. C.R.S. 33-44-107(4) specifically allows a rope to be used to close a trail. Numerous other states refer to rope as a proper way to close a trail in the state statutes.

Alaska also allows a ski trail to be closed by using a rope. Alaska Stat. § 05.45.060(d) (2008)

At the other end of the spectrum, the Ohio General Assembly has listed ropes as a hazard that skiers assume. O.R.C. § 4169.08(a)(1)

Other courts have ruled that ropes for closure or use at resorts are proper.

Withers v. Bogus Basin Rec. Ass’n, 156 P.3d 579 (ID 2007)

Kidd v. Taos Ski Valley, Inc., 88 F.3d 848 (10th Cir. 1996)

See: Stratton loses lawsuit over injured skier

This is always dangerous when a state allows a suit for an injury that other state say you cannot sue over. Besides being difficult for ski areas to determine what is going to work and what isn’t, the issue of skiing under control and on a closed trail seems to get ignored.